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(영문) 서울행정법원 2019.05.09 2018구단24790
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea on June 23, 2016 as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) of the Republic of Egypt (hereinafter “Egypt”).

B. On July 15, 2016, the Plaintiff filed an application for recognition of refugee status with the Defendant, but on March 2, 2018, the Defendant rendered a disposition for recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize “the well-founded fear that there is a risk of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”) and Article 1 of the Protocol on the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition on March 16, 2018, and filed an objection with the Minister of Justice, but the Minister of Justice dismissed the Plaintiff’s objection on the same ground as the Plaintiff did on September 3, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that he was married with the Sillim female in around 2003.

In February 2016, the plaintiff started to make a school system from around 2015 with her mother B and her female, which he/she became aware of through her parent-gu, and the plaintiff tried to make a marriage with her female around February 2016, which led to a dispute with the leader of Islamic members.

In the event that the plaintiff returns to helicopters, he/she is still likely to be threatened by the leaders, etc. of Islamic members on the grounds of the heavy marriage with helicopters women.

Nevertheless, the defendant's disposition of this case which did not accept the plaintiff's application for refugee status should be revoked as it is unlawful.

B. Article 2 Subparag. 1 of the Refugee Act provides that a person who is a member of a particular social group shall be a person of race, religion, nationality, and status of a refugee.

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